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NOTES:


Source

(Pub. L. 92–367, § 8, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3688; amended Pub. L. 107–310, § 3(a)–(e)(1), (f), (g), Dec. 2, 2002, 116 Stat. 2450, 2451.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (f)(9), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Prior Provisions

A prior section 467f, Pub. L. 92–367, § 7, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4260; amended Pub. L. 102–580, title II, § 209(a), Oct. 31, 1992, 106 Stat. 4830, related to funding for State dam safety programs, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 8 of Pub. L. 92–367 was classified to section 467g of this title prior to repeal by Pub. L. 104–303.

Amendments

2002—Subsec. (a)(3)(B). Pub. L. 107–310, § 3(a)(1), substituted “strategic plan described in subsection (b)” for “implementation plan described in subsection (e)”.
Subsec. (a)(3)(C). Pub. L. 107–310, § 3(a)(2), substituted “subsection (e)” for “subsection (f)”.
Subsec. (b). Pub. L. 107–310, § 3(b), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Director shall—
“(1) not later than 270 days after October 12, 1996, develop the implementation plan described in subsection (e) of this section;
“(2) not later than 300 days after October 12, 1996, submit to the appropriate authorizing committees of Congress the implementation plan described in subsection (e) of this section; and
“(3) by regulation, not later than 360 days after October 12, 1996—
“(A) develop and implement the Program;
“(B) establish goals, priorities, and target dates for implementation of the Program; and
“(C) to the extent feasible, provide a method for cooperation and coordination with, and assistance to, interested governmental entities in all States.”
Subsec. (c)(7). Pub. L. 107–310, § 3(c), added par. (7).
Subsec. (d)(3)(A). Pub. L. 107–310, § 3(d), substituted “and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States” for “and shall be exercised by chairing ICODS to coordinate Federal efforts in cooperation with State dam safety officials”.
Subsec. (e). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Director shall—
“(1) develop an implementation plan for the Program that shall set, through fiscal year 2002, year-by-year targets that demonstrate improvements in dam safety; and
“(2) recommend appropriate roles for Federal agencies and for State and local units of government, individuals, and private organizations in carrying out the implementation plan.”
Subsec. (e)(1). Pub. L. 107–310, § 3(f)(1), substituted “the Director shall provide assistance with amounts made available under section 467j of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).” for “the Director shall provide assistance with amounts made available under section 467j of this title to assist States in establishing and maintaining dam safety programs—
“(A) in accordance with the criteria specified in paragraph (2); and
“(B) in accordance with more advanced requirements and standards established by the Board and the Director with the assistance of established criteria such as the Model State Dam Safety Program published by FEMA, numbered 123 and dated April 1987, and amendments to the Model State Dam Safety Program.”
Subsec. (e)(2). Pub. L. 107–310, § 3(f)(2)(A), in introductory provisions, struck out “primary” after “For a State to be eligible for” and “, and for a State to be eligible for advanced assistance under this subsection, a State dam safety program must meet the following criteria and budgeting requirement and be working toward meeting the advanced requirements and standards established under paragraph (1)(B)” before colon.
Subsec. (e)(2)(A). Pub. L. 107–310, § 3(f)(2)(B)(i), substituted “A State” for “For a State to be eligible for assistance under this subsection, a State” in introductory provisions.
Subsec. (e)(2)(A)(vi). Pub. L. 107–310, § 3(f)(2)(B)(ii), inserted “improve security,” before “revise operating procedures,”.
Subsec. (e)(3). Pub. L. 107–310, § 3(f)(3), substituted “agreement” for “contract” in two places.
Subsec. (f). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(1). Pub. L. 107–310, § 3(g)(1), substituted “The Director shall establish” for “The Director may establish” and “to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Director on national dam safety policy” for “to monitor State implementation of this section”.
Subsec. (f)(3). Pub. L. 107–310, § 3(g)(2)(A), (B), substituted “Voting membership” for “Membership” in heading and “11 voting members” for “11 members” in introductory provisions.
Subsec. (f)(3)(F), (G). Pub. L. 107–310, § 3(g)(2)(C), added subpars. (F) and (G) and struck out former subpars. (F) and (G) which read as follows:
“(F) 5 members shall be selected by the Director from among dam safety officials of States; and
“(G) 1 member shall be selected by the Director to represent the United States Committee on Large Dams.”
Subsec. (f)(4) to (6). Pub. L. 107–310, § 3(g)(3)(B), added pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9), respectively.
Subsec. (f)(7). Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (4) as (7).
Subsec. (f)(8). Pub. L. 107–310, § 3(g)(4), added par. (8) and struck out heading and text of former par. (8). Text read as follows: “Each member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for the Board.”
Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (5) as (8).
Subsec. (f)(9). Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (6) as (9).
Subsec. (g). Pub. L. 107–310, § 3(e)(1), struck out heading and text of subsec. (g). Text read as follows: “At the request of any State that has or intends to develop a State dam safety program, the Director shall provide training for State dam safety staff and inspectors.”
Subsec. (h). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f).

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 313 (1), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.


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